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HomeMy WebLinkAbout1974-03-19 ResolutionATTEST:` a complainant shall be entitled to a'hearing before the Hearing Panel.- - 2.- DEFINITIONS a. Com lainant is defined as any person whose rights, duties., welfare or status are or may be adversely affected by program administrators' action or failure :to act and -who files a grievance or complaint with the program administrator with respect to such action or failure to act. • b. Grievance or Complaint is defined as any dispute wits respect to program 'administrators' action or failure to act in accordance with lease re- quirements, or any -program administrators' - action or failure -to act involving interpretation or application of the. Local Housing Authority's regulations. -policies or procedures which affects the ;rights, duties, welfare or status of the complainant. 3 PROCEDURE PRIOR TO A HEARING a. ---,Any grievance or complaint must Ve personally prre�sent�e , i 'possible, to -t a programadministra- tor's ministra tors office so that an -attempt to reconcile the grievance may=be informally -accomplished without a hearing. The grievance or complaint must be - signed by the complainant and filed in the office by him or his representative within a reasonable _ time, not in excess of 10 days of the program administrator -'s action or failuretoact which - is the basis for the grievance. It may be simply stated, ;_but shall ;specify: =;(1) the -particular grounds) upon which it is based; and (2) the action requested. • A copy of the complaint shall be retained by the complainant and a copy _should be filed with the program administrator. -All complaints and/or copies must be date =stamped at=time'of receipt by the program administrator. I 1 2. The right of the complainant to a_hearing; and 3. -The procedure by which a'hearing may -be obtained. c. -If the complainant -is dissatisfied with the pro- posed dispositi--on--o-F-T71—s-complaint, as stated in the program administrator's answer, he_mav submit ` a written request, to the Housing Commission for a hearing. This written request shall be made within a reasonable time of the date of the ------- -- ..- .......1--a—:: t.(r,cuciai_1:y..iv wurKing• says). The written request for a hearing _must be date- stamped and filed in the appropriate file along with the `complaint and answer. The Hearing Panel sahll be advised promptly of the request by the Chairman of the HousingCommission; shall schedule the hearing as promptly -as possible for a date, time, and place reasonably convenient to the com- plainant; and shall inform the complainant thereof in writing. d If the complainant does not re uest a hearin¢ within t e; time,perio a - owe in-su section c a ove, he waives his right to the hearing, and the adminis- trator's'proposed`dispo ition of the grievance will become final. This shall not however constitute a waiver of the complainant's right thereafter to contest the administrators' disposition of his grievance in an appropriate judicial_;.nroceeding. 4. COMPOSITION AND SELECTION OF THE HEARING PANEL- The-Hearing ANEL_ TheHearing 'Panel shall consist of five members; two selected -at random from the tenants in the program; two Housing Commissioners;;and one 'impartial and disinterested member (_together with an alternate) chosen by the Hearing 'Panel'members. In the event that the four Hearing Panel members cannot agree on the fifth impartial member, then such fifth member shall be appointed by`the National Center for Dispute Settlement of the American Arbitration Association. The Chairman of the Hearing. Panelshallbe elected by the members of the Panel. Three votes shall be -2S . required for any decision by the Panel. a. The impartial;=or: disinterested member of the Panel may not -be -an oiceror an employee of the City or any of its projects:' b. A separate Panel--shall-,be. selected for each grievance filed. c. There -shall --be no -relatives of;the complainant on the Panel which ears is`complaint; nor shall any person whose duties and responsibilities in- volve him -any way with the -grievance at issue, -in sit as a -member of the Hearing Panel for that particular hearing. S. THE HEARING a. The partiesshall be entitled to a fair hearin e ore the Hearing Fanel.and may be represente by counsel or another person chosen as a renre- __ sentative, '- b. The hearing shall be.public unless comvlainant requests-a_private hearing. This shall not be • construed to limit the attendance of persons ' with a vaild`interest in the proceedings. C. Complainant may -examine -before the hearing�L and, at his expense,copy all ocuments, rec'.-s and regulations of the are relevant to the - -- - _LHA;that hearing._ Any document not made available,after request therefor by the complainant, may not be - relied on by ,the ,LHA at the hearing. The com- plainant may request, in advanceandat his expense, a°transcript, of the hearing. d. If the dispute is=over -,the amount of rent or other charges,which.the-program administrator claims is due, the -complainant shall deposit the amount in dispute ---in an escrow account pending settlement of the dispute by the -Hearing Panel.,_ If the complainant fails to do so, the Panel may determine that the complainant has waived his right to the Hearing,' Such determination shall not constitute a:'waiver of complainant's right to thereafter contest the --program administrator's disposition - of his -grievance in an'anpropriate judicial proceeding.:- e. • If a complainant fails`tn 'auear at a hearing,the Panel may -postpone the hearing for five working days, -or may makea determination that the com- plainant has waived his right to,the hearing. -25a- • • Such a determination shall not constitute a waiver - - ofcomplainant:'s right to thereafter contest the - program administrator's disposition of his grievance in an appropriate' judicial proceeding. f. At thehearing the complainant must make a prima acie case and then the burden o._proo is on t e program administration to justify the action or inaction proposed by it :in its answer to the complaint. The complainant may present evidence and arguments in support of his complaint, con- trovert evidence relied on by the program admin- istrator, and confront and cross-examine all -- witnesses.on-whose--testimony--or information the - program administration relies. Hearings conducted by the Hearing Panel shall be informal, and any oral or documentary evidence,` as limited however, to the facts and issues raisedby the complaint and answer, may be received by the Hearing Panel without regard -to -whether -that evidence would be admi°ssable under rules of evidence employed in judicial proceedings. -- 6. DECISIONS OF THE HEARING PANEL • a. The decisionof the Panel 'shall be based solely anexclusively-upon-. ac s -presented at the hearing and upon applicable LHA and HUD regulations To the ex_tentthat -the decision is not inconsistent -- with State law, the United States Housing Act of _- 1937, as amended, HUD regulations and requirements - promulgated thereunder, or the Annual Contributions Contract, and to -the -extent -provided in subsection f below,the decision of the Hearing Panel shall - be'binding on the program administration. b. If both -parties agree to, prepare a proposed decisions to the Hearing_ Panel,.each party shall submit same to the Hearing Paned for its consideration. c. The Hearing Panel shall -prepare its written decision, including a statement o, in Ings and conc usions; as well as the, reasons or basis therefor, upon all materialissues raisedby-the parties. This shall be done within" a_ reasonable` time after the date of -the hearing: Copies`` thereof shall be mailed - - or delivered to the parties and/or their represen- tatives. d. The written decision of the Hearing Panel, with all names and identifying re erences deleted, shall be maintained -on file by, the ;program administrators - and made available -for inspection by a -prospective -25b-, -2sa- c. ;When. such notice to vacate is Riven to the tenant, e must- a in orme in writing t at: (1) If he.fails to;-quit=the premises within three days,; appropriate legal ;action (dependent on state law), will. be brought against: him; (2)- If suit is brought against him, he-may be required to pay Court costs and attorney - fees 'incurred; -2sa- VFW. pp.-, r)T.TTrP TO KI "::Mr) '7 A I f) CZ RESOLUTION -.Nr) --z 74-106 _ AELL b.0 Y 1 t t 2L I Qz PURCHA3EAGR Eftl� 2. Iol-ra City, Johnson CountyIowa !';arch (3 19 7 TO Fasco MarketingInc, That for. -and inconsideration of the agreements stipulations herein contained, I agree to purchase our property located at --- _ 9 Y P P Y 1104 i;ast Collee Street, Iowa City, Johnson. la, -'and described as follows: i,eq:ri1 description as recorded to -be attached. i S, 11tit-70 :root of I,ul. G -:in I:Lnc•I; 113, and the South 70 feel: -of III(, 7'rzt 10 rt. -,-u (,t I,ul 6, in i:l"r t.. lc •l:l', iii Io::;t ('i t% I0*.c:t, ltt•r ()W I'(;' - i• d 1)L:11: 1110V00f, and hr+.i n„ tllli.r:; isu rlctstit`;ihcrl'as 1'nllr,tc _ C;ourm-11 • :it, tit\Lht: :;(,tll:inrc:;C. cnrl,r.r of Lr) t. --:i, ill laoc:h 113, [oxil.-CALy,:...Iow..l, ire i titer: rc,:r.rd d ill aL litter,i;.C; th2iti:( 1`tutnin1:l: s:f -90-f L- t lhrjnc,; N,rtlt 7 rt•(:L; Ciu•nce lvcrsC 90 .fcot:; thence KrntLlt utl 1110 lt'esl line Of_I,ot. to Ilia }deet: of hc;cinnin•, hoist; ❑ itaI-L o 1,o V. ri 111(1 G I:1„ck i ::'a Ci. tt- Iconte, ---_ -.`. _ - - -._:_ ---._ - )flows: i r u:c I cal i tt .10111t:erut Chun Ly ' .tone. -- :Zi � r ”" casn, w,tn tnis, agrvunrum ab wit payment, the same to be hold In the trust account of Jim _.Pearson, -Realtors and delivered to the seller at the time of closing. - 45,125.00 May 1 74 xx,rgxtxc 5. to be paid _on'or before 1Q�po of warranty Beed ` w sh,ll be executed and delivered to me: - - - Balance of purchase price by: :L�',4?[�Ji,'H�C�C4ft�{*i4�1Cc}�r]Qi�9[}[4{l�'{t�[�C4�i�Ya`t,�C>�{!S�[A�9bs4�[! � 1 3{alU4s'{'S'[4[>fL�tC`4s[?ili`:?iX.�� � r i�i`ile:tyll'�cl't��i'iU'• Avl,�khCt`CtlCayr��[t`�64';+�r1sXXXX1QX�GiXt1Yn4d�}i?dXXXXXXtCXX}C.XsI'nd,}[tl�((dl6R Z(hYt!ii(�u'e[taf:dtuCc4i(ic4�iuivlr.we prici.tngutltCc.tvitlAiG lRr.�^.`�:iJ:{Il�:{7{C{o'{.�.rl.{..{•i.{:.Ji.�.i.:�.Y`i,�{,L✓C:�r?l�)'[�iV�+tbtift`lP.�lKl1[.:[?�P.Qi1'[r[r_{,f{tl[t[,l{�/[,1�5{Gt�i!i Jt'f{,!�':Q: {u ;t liJ: a:noLnt`ot:tr;eunotigagc>rfow'L\dr.fi�ioiitw(,i6'GKp(a(.u6'liYsrtiiii46nlu{vL:1GPFiir[litvCtirv'urGir;'ali::Oiluc�r;/;�..`[.1(X.1CXl.I../iX:C.�C.tii'..:%.1.- t:Nr� > %:{vitt';:firm iiMI1{s6KtYaY.t:G3t� :�1Xe`4s�it [i3[vdl3[ alc C-C� _�' f� �X Xxxr;{t. Y.X (til.f(jyia65{iiilliF.[]�7]{o{t�ilC[e.`{A.i7JQS{4�[}ri�ii�Id{9iMtAY{ir 1{ei�[r4ltJ[)i3ci`tiitr�iJ�:{IY� l9tiit ��: � f!.: >`• xX� KXn1:YraC Ca `GII:.'G,�a�tYi3CJGtYt,'G 6iY X;4i r�c::XXXXX:t;{ 6dVdif IALAUtpal/.,;{d;Af4,�, pb,ti.v.iz ta�cei vid`,i ya:l i�a4icr?:i Ycc�nX� Y.Ye�ue[oc uXiL Ycyiiliui:lrXi"`iiklinl'rivi�:itG}cti�i4JYU[1 AAYULUtYitlr V t. (a.) This purchase agreement "is contingent upon theapprovalof the Iowa City City Council -,on or before i•iareh 27,.1974• (b.) 3t As under,.stood and aoreed that all personalitty on the premises with:the'.exceiption of the gasoline meterinh; pumps, air compressor and.related,equipment shall also be conveyed to the purchaser for .the , sum. of tine Dollar `(::A,,, 00 ) 1973 taxes due 111,1974 will be calculated using current valuation and a millage rate of..' 134.221. t. Thu Propa [y is eo ba In is flood condition es It: now Is, when'fsosseulon Is given, nn tarot wear ar: .-:: "xii"w9f: pnci.you mn In eeny SprQsen� fire,°tomailo.bnd extended -coverage insurance until a deed Is delivered to.me or a formal instal;tcent contrnct executed. - with clause making toss, _If any .,payable to me and I -hereby agree to accept the money realizedfromsaid insurance as full compensation for any: insurablelossto the; budding upon +saidQremises and no deduction shall be made from the purchase price on account of said loss. - 7}}1tK}f}iilra`:t}u`t�:t}L7CC3XY.Xr38J[OC�DSDZtk'IOXZttXX9i!}p)Oaitil•9CtJC3ccISG3GXB.T9tSQih9C0.a)�]hX7�X?l° XXXt3EhC7"w9 u l DAXwo on, t6iYn�n�v�iJCJGTcii?Igi]I11Ci9CXXX�iSi3F 7C�JI�]L]G�i3�'rR7itR�C9Zirvv.,..v...r;:,.,...; ,r 7, C)Cl � i�S iwr�X"llt�„ fate. all"nlidil:l:(iCiLI}.'l7{t)CSY.BitTlt�iQAr�6D69{Ia4DDOSi�li�C4i]C1347Q94Aeh3G7lt•R3(I}@3��litAt349iJF�'7t13C%CyC'!EX'JIhCjF��I"AtA�IC'X'k1�CArr���r�.•kclue aDGtlitl �hLSt4e*exSc�r]�E - - - 3. You are to furnish.:,rjte g `abstract of tale continued tq date of sale showing good and merchantable title to said property free and clear -.:.. _. - ___. of all liens and encumbregces POt;expressly.vvaived or assumed by us.-' 4. The deed or contract shall be "made sublect to recorded easements, covenants, building restriction, and purpose of use and occupancy and municipal zoning - 5. 1 am to be given reasonable time for the examination and approval of abstracc In the evanI valjd opiections under the Iowa Title Standards aremadeand ejnst as'a,' efe6f ( " d' P P , �� � the sehera title a reasonable amou�hlt shalt be retajrte to escrow to protect the purchaser end the sales trans - In shall be othermse cosetj .r<3 ria �' + • - 6- Possession of said Qrti ty ts,to be given co or before y 19—, , and adjustments of interest, rents, insurance or other matter shall be triode as of ponesmon.date - -: 7 Fastened down carpet roll sit des"curtam rods anti hxtures;'venetianblinds, dutsidelelevicjon antenna and equipment, (Ipoleum cemented -to floors, storm doors storm windows incl ashes winnow ant( door screens electric fight fixtures, bath-rociM fixtures and accessories, furnaces, stokers, oil or gas burners [ waMr¢e�ttrs`sll shrubs and traee and ail other fixtures not excepted on back hereof are to be left with, as be- t....t- x-•• long thebuilding and premi ©X. GXr,NUk EM&GiaXl}{iX 11NIX i 9. In case the purchdior,!at(s and the agent shall be_paid .hi: v. �n 10. In case either partyifatis' .s or may proceed by action; at : -:nay's -fees, and a receiver may 11-. If this agreement is not"a -first payment shall be return for the sale and purchase of 12. It is understood that no {i or endorsed on the back hero I(See Reverse Side) - �iillll�(iiUlPilht+1115X1)ir�l4iI8iRASiIITCAlRli6fil r �,' , , °• 7.X'X s aptgdrtfpal �lerepil moy at seller's option be retained by seller as damages, remises by softer. " the other partymayathisoptionforfett this contract by thirty day's notice, - s provided by-law,, and the. party in default shall pay all costs including aitor- 1'larch 15 19 n it shall become null and void and the of said agent to either party. If accepted, it she!! become a binding contract- the negotiation of this salearebeing relied upon unless incorporated herein - ,'been shown -tome by no other person.. the City 'of -Iowa CityJowa, be and the same is hereby approved by - and of the final plat of said restsbdivision to the Office of the County Recorder of Johnson County,Llowa, after :,w and Resolution -'-Page 2 NO. 74-107 the City 'of -Iowa CityJowa, be and the same is hereby approved by - and of the final plat of said restsbdivision to the Office of the County Recorder of Johnson County,Llowa, after final passage and Attest: City of Iowa I a regular meeting heldonthe 19th day of March 19749 all as the same appears of record in my office. _ S- _. Resolution - Page 3 a regular meeting heldonthe 19th day of March 19749 all as the same appears of record in my office. ■ Mayo RESOT,,UTION ESTABLISHING ONE-WAY TRAFFIC ON MADISON BETWEEN BURLINGTON AND COURT ST, TO IOWA CITY, IA. -: ■ RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIG- NATED INTERSECTIONS ANn AFMnvrw•� �W � +I}F¢ f`" � - .) 1 .'i"•} T i1 � r "� .0 'Y.i' S i _ 1 - �o � O s or � 3: - = z